SENATE BILL REPORT

SB 6322

BYSenators Zimmerman, Bailey, Metcalf, Saling and Kiskaddon

Requiring trial of defendant in child sexual abuse cases within six months.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6322 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 4, 1988

BACKGROUND:

Concern exists that lengthy delay in trial of the accused and the resulting delay in the testimony of the child victim may impair the value of the testimony and impair treatment of the emotional problems of the child abuse victim.  Delay often entails repetitive interviewing of alleged child sexual abuse victims.  Literature on the topic suggests repetitive interviewing by several parties with varying skill levels and motives tends to increase the child's sense of guilt and shame, invades the child's sense of privacy and confidentiality, and conveys a sense that "we don't believe you."  Besides adding to the trauma, delay can lead to inconsistencies in the child's story causing the defense to then raise charges of fabrication.

SUMMARY:

Trial for crimes involving sexual abuse of children must commence within six months of the date of the defendant's arraignment.  Extension of a trial beyond the six-month period requires a hearing.  If an extension is granted, the court must set forth the reasons for granting the extension in writing and include active, deliberate and individualized considerations of the actual and potential impact on the specific child victims and witnesses.

EFFECT OF PROPOSED SUBSTITUTE:

The court may not grant an extension beyond the originally scheduled trial date in cases involving child sex abuse without a hearing.  The court must find substantial and compelling reasons for granting an extension.  When an extension is granted the court must set forth written reasons for the decision.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Seth Dawson, Prosecuting Attorney, Snohomish County